[2023/RJJP/001065]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 2044/2022
Ramsingh Son Of Shri Noranglal Saini, Resident Of Dhani Kudala
Tan Nanuwali Bawadi Tehsil And Police Station Khatri, District
Jhunjhunu (Raj)
----Petitioner
Versus
Durgaprasad Meena Son Of Shri Malaram, Resident Of Dalelpura,
Tehsil Khetri, District Jhunjhunu (Raj)
----Respondent
For Petitioner(s) : Mr. Ashok Veer Singh Nirwan Mr. A.N. Khan For Respondent(s) : Mr. Bajrang Lal Meena Mr. Suresh Kumar, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 31/01/2023 The present revision petition has been filed by the petitioner against the order dated 05.08.2021 passed by the Court of Additional District and Sessions Judge, Khetri, District Jhunjhunu in Criminal Appeal No.145/2019 against the judgment and order dated 14.11.2019 passed by the Court of learned Judicial Magistrate, Khetri, District Jhunjhunu in criminal original case No.353/2015 (N.I. Act/50/2015) whereby the accused-petitioner was convicted and sentenced under Section 138 of N.I. Act for two years simple imprisonment, along with a direction to pay Rs.10,30,000/- as compensation and in default of the payment of fine, to further undergo three months of simple imprisonment.
Learned counsel for the petitioner submits that during pendency of the present revision petition, a compromise has been (Downloaded on 02/02/2023 at 11:46:17 PM) [2023/RJJP/001065] (2 of 2) [CRLR-2044/2022] arrived at between the parties and therefore, the dispute of non- payment of the amount has been settled between the parties.
The compromise, duly verified by the Registrar (Judicial), is available on record.
Heard learned counsel for the parties and perused the record.
The offence under Section 138 of the N.I. Act is compoundable, hence the accused-petitioner deserves to be acquitted on the basis of the compromise.
In view of the fact that the parties have entered into the compromise, the present revision petition is allowed. The orders dated 14.11.2019 passed by the Court of learned Judicial Magistrate, Khetri, District Jhunjhunu as well as 05.08.2021 passed by learned Additional District and Sessions Judge, Khetri, District Jhunjhunu respectively are hereby set aside. The accused- petitioner, who is at present in judicial custody, be released forthwith.
All the pending applications and the Stay application is also disposed of accordingly.
(ASHUTOSH KUMAR),J AARZOO ARORA /11 (Downloaded on 02/02/2023 at 11:46:17 PM) Powered by TCPDF (www.tcpdf.org)